When a large group of people is injured in the same accident or as a result of a defendant’s negligence or intentional misconduct, the legal claims may be pursued as a class action lawsuit or a mass tort case. Class action lawsuits and mass tort cases both involve a large group of injured parties with a common defendant, but there are a few subtle differences between the two legal proceedings.
A class action lawsuit is a lawsuit brought by a group of people who have suffered similar injuries and damages as a result of the defendant’s conduct. Class actions require that the representative obtain class certification by the court in order to pursue the claim.
Mass tort cases are similar to class action lawsuits in that a large group of individuals suffered injuries, but in mass tort litigation, a mass tort attorney (or attorneys) will be allowed to represent several injured parties in individual cases, rather than one consolidated case with a class representative. Unlike a class action lawsuit, where the members of the class forfeit their individual claims, plaintiffs in mass tort litigation retain their individual claims.
Both class action lawsuits and mass tort cases are incredibly complicated – with specific legal requirements and voluminous factual records – so it is important to consult with an experienced mass tort attorney as soon as possible.